2022 Candidate Information Guide - Version 1.0 - Published December 9, 2021 - Valencia County
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2022 Candidate Information Guide Version 1.0 – Published December 9, 2021
About This Guide This publication has been prepared by the Bureau of Elections to serve as a reference for candidates seeking office in the 2022 Primary Election, as well as for anyone interested in the election process in New Mexico. It is recommended that all candidates, including those with experience, review this guide as the laws that govern this process continue to change. Please note, this guide is intended as a reference. It is not intended as a legal authority on the elections process. This guide is not a substitute for statutory research or for the advice of an attorney. Copies of the New Mexico Election Code and other applicable laws are available in the 2021 Election Handbook of the State of New Mexico, which is published on our website and can be found on the following webpage: https://www.sos.state.nm.us/candidate-and-campaigns/how-to-become-a- candidate/nm-election-handbook/. Users of this guide should read it in conjunction with the law referenced herein. This guide contains information for all candidate types. While independent and minor party candidates do not participate in the Primary Election, they may be required to circulate petitions and file declarations of candidacy shortly following the Primary Election (required forms will be available in March 2022). When the information provided in this guide for independent and minor party candidates differs from major party candidates, it is specified. For candidates interested in public financing, please refer to the information on the Secretary of State’s website: https://www.sos.state.nm.us/candidate-and-campaigns/how-to-become-a-candidate/2022- new-mexico-public-financing-information/ Please contact the Bureau of Elections at (505) 827-3600, and select option 2, or email the office at SOS.Elections@state.nm.us with additional questions. 2|2022 CANDIDATE GUIDE
2022 Candidate Information Guide Revision History Revision Number Date Updates 1.0 12/9/2021 Original Publication 3|2022 CANDIDATE GUIDE
Contents About This Guide ................................................................................................................................................... 2 2022 Candidate Information Guide ....................................................................................................................... 3 Revision History ..................................................................................................................................................... 3 PRIMARY ELECTION – IMPORTANT DATES ............................................................................................................ 6 GENERAL ELECTION – IMPORTANT DATES .......................................................................................................... 13 OFFICES APPEARING ON THE 2022 PRIMARY ELECTION BALLOT ........................................................................ 18 GENERAL ELIGIBILITY REQUIREMENTS FOR ALL OFFICES .................................................................................... 22 SPECIFIC ELIGIBILITY REQUIREMENTS ................................................................................................................. 24 NOMINATING PETITIONS ..................................................................................................................................... 25 Offices that Require Nominating Petitions: ..................................................................................................... 25 GENERAL INFORMATION ..................................................................................................................................... 25 CIRCULATING NOMINATING PETITIONS .............................................................................................................. 26 REQUIRED NUMBER OF PETITION SIGNATURES.................................................................................................. 27 Important Notice Regarding Nominating Petitions (1-3-13, NMSA 1978) .................................................. 27 Statewide Office .......................................................................................................................................... 28 District Court Offices.................................................................................................................................... 28 District Attorneys ......................................................................................................................................... 28 Metropolitan and Magistrate Courts........................................................................................................... 29 SUBMISSION OF NOMINATING PETITIONS .......................................................................................................... 30 FILING DAY: WHERE TO FILE................................................................................................................................ 31 Candidates for the following offices shall file with the Secretary of State:................................................. 31 Candidates for the following offices shall file with the appropriate County Clerk:..................................... 31 WHEN TO FILE .................................................................................................................................................. 33 WHAT TO FILE .................................................................................................................................................. 33 FILING DAY TIPS ............................................................................................................................................... 34 FILING FOR OFFICE AS A WRITE-IN CANDIDATE .............................................................................................. 34 NOTIFICATION OF BALLOT QUALIFICATION .......................................................................................................... 35 BALLOT POSITION INFORMATION ................................................................................................................... 35 CAMPAIGN FINANCE REQUIREMENTS.................................................................................................................. 36 A note about getting started with your campaign ...................................................................................... 36 CAMPAIGN REPORTS ....................................................................................................................................... 36 4|2022 CANDIDATE GUIDE
Candidates - Political or Campaign Committees – Treasurer – Bank Account – Anonymous Contributions – Contributions from Special Events – Credit and Debit Card Contributions (Section 1-19-34, NMSA 1978) ..................................................................................................................................................................... 36 Reports and Statements – Late Filing Penalty – Failure to File (Section 1-19-35, NMSA 1978) ................. 37 FUNDRAISING NOTES....................................................................................................................................... 39 DISCLAIMERS IN ADVERTISEMENTS................................................................................................................. 40 PRIMARY ELECTION REPORTING DEADLINES .................................................................................................. 41 GENERAL ELECTION REPORTING DEADLINES ...................................................................................................... 41 Candidates are required to file reports or a statement of no activity according to the schedule prescribed in Section 1-19-29, NMSA 1978 until the reporting individual files a “Final” report in CFIS indicating that:.............................................................................................................................................................. 41 ELECTION RESULTS AND CANVASS INFORMATION............................................................................................... 41 ITEMS OF NOTE .................................................................................................................................................... 42 Public Financing Information: ...................................................................................................................... 42 Third Party Agents Collecting Applications .................................................................................................. 42 Absentee Ballot Deliver to County Clerk ..................................................................................................... 43 Offenses and Penalties ................................................................................................................................ 43 5|2022 CANDIDATE GUIDE
PRIMARY ELECTION – IMPORTANT DATES The New Mexico Secretary of State’s office is committed to providing the most helpful and practical information for candidates seeking public office. One of the first steps candidates take to get on the ballot is gathering signatures on petition forms from registered voters in their district. Petition signatures must be gathered on the prescribed form published by our Office. IMPORTANT NOTICE REGARDING NOMINATING PETITIONS (1-3-13, NMSA 1978) Forms used by candidates seeking districted office will be delayed this year, due to delays in census data gathering and the redistricting process (1-3-13(G), NMSA 1978). Receipt of valid signatures on a petition form are based on the official district boundaries set by the legislature and, by law, our Office cannot publish petition forms for districted offices until the legislature has completed its work. We expect to publish petition forms for districted offices as soon as is practicable after the redistricting process has been completed. To ensure that candidates are collecting valid signatures from the proper district, it is essential that districted office candidates use the correct forms published by our Office. While we cannot provide an exact timeline at this point, we anticipate publishing the official nominating petition forms for districted offices in January of 2022. We encourage candidates or their representatives to contact our Office with any questions about this process. August 31, 2021: PUBLIC FINANCING PERIOD BEGINS Candidates interested in public financing may file their Declaration of Intent and may begin collecting qualifying contributions as of August 31, 2021. For further information on the Voter Action Act and public financing please refer to Section 1-19A-3, NMSA 1978 and 1.10.27 NMAC. October 1, 2021: POST NOMINATING PETITIONS Secretary of State publishes petition forms and required signature numbers for major party candidates. Refer to Section 1-8-30 (D), NMSA 1978. Please see note on redistricting timeline above. October 11, 2021: SECOND BIANNUAL REPORT DUE Reporting period is April 6, 2021, to October 4, 2021. Refer to Section 1-19-29 (A), NMSA 1978. INFORMATION REGARDING CAMPAIGN REPORTS All candidates must file the proper campaign finance reports on the dates established by law. Federal candidates will file reports through the Federal Elections Commission (FEC), and all other candidates have a filing obligation through the state. With the exception of federal candidates, all other candidates vying for office during the 2022 election cycle will use the Campaign Finance Information System (CFIS) to file their campaign finance reports. All campaigns (with the exception of federal offices filing with the FEC) are required to register and file reports online at https://login.cfis.sos.state.nm.us/. Once a CFIS registration form has been approved by the SOS, the candidate will receive an email with instructions to setup a password and gain access to the system. Please check junk and spam folders if you haven’t received the email within about 24 hours from the time the registration is submitted. Additional resources to register and file reports can be found on the Secretary of State’s website. 6|2022 CANDIDATE GUIDE
January 1, 2022: LEGISLATIVE SESSION FUNDRAISING PROHIBITION • It is unlawful during the prohibited period for a state legislator, the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor or a candidate for these positions, or any agent on behalf of an elected official or candidate for these positions, to knowingly solicit a contribution governed by the Campaign Reporting Act. • It is unlawful during the prohibited period for the governor or the lieutenant governor, or any agent on the governor's or the lieutenant governor's behalf, to knowingly solicit a contribution governed by the Campaign Reporting Act. • As explained in NMSA 1978, Section 1-19-34.1, the Prohibited Period refers to the period of time before and during any session of the New Mexico State Legislature during which it is unlawful for certain elected officials, candidates for office, and their agents to knowingly solicit a contribution for any campaign or committee governed by the Campaign Reporting Act. The parties to whom the Prohibited Period applies are as follows: 1. A state legislator, the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor. 2. A candidate for state legislator, attorney general, secretary of state, state treasurer, commissioner of public lands or state auditor. 3. Any agent on behalf of the attorney general, the secretary of state, the state treasurer, the commissioner of public lands or the state auditor. 4. Any agent on behalf of a candidate for attorney general, the secretary of state, state treasurer, commissioner of public lands or state auditor. • In a regular legislative session, the Prohibited Period begins on January 1 prior to the start of the session and lasts through the adjournment of the session. In a special legislative session, the Prohibited Period begins after the proclamation declaring the special session has been issued and lasts through the adjournment of the session. • In the case of the following parties: 1. The governor or the lieutenant governor. 2. Any agent on the governor’s or the lieutenant governor’s behalf. • The fundraising restrictions imposed by the Prohibited Period function are the same, but the duration of the Prohibited Period is longer. • In a regular legislative session, the Prohibited Period begins on January 1 prior to the start of the session and ends on the twentieth day following the adjournment of the session. In a special legislative session, the Prohibited Period begins after the proclamation declaring the special session has been issued and ends on the twentieth day following the adjournment of the session. • Note: In a special legislative session, the Prohibited Period begins after the proclamation declaring the special session has been issued and lasts through the adjournment of the session. January 31, 2022: ELECTION PROCLAMATION The secretary of state shall issue a public proclamation calling a general election to be held in each county and precinct of the state, on the date prescribed by Article 20, Section 6 of the constitution of New Mexico. The general election proclamation shall also call for a primary election to nominate the general election candidates for each major political party, to be held in each county and precinct of the state, on the date prescribed in statute. The proclamation shall be filed by the secretary of state in the office of the secretary of state on the last Monday in January of each even-numbered year. Refer to Section 1-8-12, NMSA 1978. 7|2022 CANDIDATE GUIDE
January 26 – January 31, 2022: PREPRIMARY CONVENTIONS TO BE HELD BY MAJOR POLITICAL PARTIES Major political parties may designate candidates for nomination to statewide office at their state convention. These conventions will take place prior to the filing date established for preprimary designated candidates (set to occur on February 1, 2022) and no later than the second Sunday in March, preceding the primary election. Delegates to the state convention shall be elected according to state party rules filed in the office of the secretary of state. The state convention shall take only one ballot upon candidates for each office to be filled. Every candidate receiving twenty percent (20%) or more of the votes of the duly elected delegates to the convention for the office to be voted upon at the ensuing primary election shall be certified to the secretary of state as a convention-designated nominee for that office by the political party. Certification shall take place no later than 5:00 p.m. on the first Tuesday succeeding the state convention. Refer to Section 1-8-21.1, NMSA 1978 MAJOR PARTY CONVENTION INFORMATION • Democratic Party of New Mexico – https://nmdemocrats.org/ • Republican Party of New Mexico – https://newmexico.gop/ • Libertarian Party of New Mexico – https://lpnm.us/ February 1, 2022: FILING DAY FOR PREPRIMARY CONVENTION DESIGNATION CANDIDATES Declarations of candidacy by preprimary convention designation for any statewide office or for the office of United States representative shall be filed with the secretary of state on the first Tuesday in February of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m. Refer to Section 1-8-26 (A), NMSA 1978. • Nominating Petition Signatures: Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent (2%) of the total vote of the candidate’s party in the state or congressional district (based on the total votes cast for all of the party’s candidates for governor, at the last preceding primary election in which the party’s candidate for governor was nominated), or whichever is greater: for statewide offices, two hundred and thirty (230) voters; and for congressional candidates, seventy-seven (77) voters. Refer to Section 1-8-33 (A)(B), NMSA 1978. • Financial Disclosures Statements (FDS): A candidate for legislative or statewide office who has not already filed a financial disclosure statement with the secretary of state in the same calendar year shall file a financial disclosure statement at the time of filing a declaration of candidacy. Financial disclosure statements must be filed online, using the Campaign Finance Information System: https://login.cfis.sos.state.nm.us/#/index. Pursuant to Section 10-16A- 2(H) NMSA 1978, a candidate for legislative or statewide offices who does not file a FDS before the date for qualification of the person as a candidate shall be disqualified by the proper filing officer as a candidate. February 8, 2022: CERTIFICATION OF PREPRIMARY CANDIDATES SOS shall certify to the chairman of each state political party the names of that party’s candidates for federal or statewide office who have filed their declaration of candidacy. Refer to Section 1-8-39.1, NMSA 1978. 8|2022 CANDIDATE GUIDE
February 11, 2022: DEADLINE TO CHALLENGE NOMINATING PETITIONS THAT WERE FILED ON PREPRIMARY CONVENTION FILING DAY (FEBRUARY 1, 2022) Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law shall do so within ten (10) days after the last day for filing the declaration of candidacy with which the nominating petition was filed. Refer to Section 1-8-35, NMSA 1978. March 1, 2022: INDEPENDENT & MINOR PARTY CANDIDATE NOMINATING PETITIONS AVAILABLE FOR GENERAL ELECTION Secretary of State publishes petition forms and the required number of signatures for independent and minor party candidates, who may then begin circulating petitions. Refer to Section 1-8-50 (E), NMSA 1978. March 8, 2022: FILING DAY FOR ALL OTHER OFFICES (NON-PREPRIMARY DESIGNATION CANDIDATES) – AND FIRST FILING OPPORTUNITY FOR CANDIDATES THAT FAILED TO RECEIVE PARTY DESIGNATION • Declarations of Candidacy for any other office to be nominated in the primary election shall be filed with the county clerk in which the candidate resides (except for federal and statewide offices), between the hours of 9:00 a.m. and 5:00 p.m. Refer to Section 1-8-26 (B), NMSA 1978. • Filling Fees for County Candidates: The filing fee in the primary election for any county office shall be fifty dollars ($50.00), which shall be paid at the time of the filing of the declaration of candidacy for nomination by a political party. Refer to Section 1-8-41, NMSA 1978. • Declarations of Candidacy and additional nominating petitions for candidates that failed to receive party designation shall be filed with the secretary of state either ten (10) days following the date of the preprimary convention at which the candidate failed to receive the designation, or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later. A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent (4%) of the total vote of the candidate’s party in the state. Refer to Section 1-8-33 (D), NMSA 1978. • Financial Disclosures Statements (FDS): A candidate for legislative or statewide office who has not already filed a financial disclosure statement with the secretary of state in the same calendar year shall file a financial disclosure statement at the time of filing a declaration of candidacy. Financial disclosure statements must be filed online, using the Campaign Finance Information System: https://login.cfis.sos.state.nm.us/#/index. Pursuant to Section 10-16A- 2(H) NMSA 1978, a candidate for legislative or statewide offices who does not file a FDS before the date for qualification of the person as a candidate shall be disqualified by the proper filing officer as a candidate. March 13, 2022: LAST DAY MAJOR PARTIES CAN HOLD PREPRIMARY CONVENTIONS Major political parties may designate candidates for nomination to statewide office at their state convention. These conventions will take place prior to the filing date for preprimary designated candidates (which occurs on February 1, 2022), and no later than the second Sunday in March, preceding the primary election. Refer to Section 1-8-21.1, NMSA 1978. 9|2022 CANDIDATE GUIDE
March 15, 2022: NOTIFICATION BY FILING OFFICER (FOR THE MARCH 8TH FILING) No name shall be placed on the ballot until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date. Refer to Section 1-8-26 (D), NMSA 1978. March 15, 2022: FILING DAY FOR WRITE-IN CANDIDATES AND FINAL FILING OPPORTUNITY FOR PREPRIMARY CONVENTION CANDIDATES THAT RECEIVED PARTY DESIGNATION • Write-in candidates are permitted in the primary election only for the offices of United States representative, members of the legislature, district judges, district attorneys, public education commission, magistrates and any office voted upon by all voters of the state. Refer to Section 1-8-36.1 (A), NMSA 1978. • A person desiring to be a write-in candidate for one of the offices listed in Subsection A of 1-8- 36.1, NMSA 1978 in the primary election, shall file with the proper filing officer a declaration of intent to be a write-in candidate. Such declaration of intent shall be filed between 9:00 a.m. and 5:00 p.m. Refer to Section 1-8-36.1 (C), NMSA 1978. • Primary Election write-in candidates are not required to file Nominating Petitions. • Certification of candidates that received party designation shall take place no later than 5:00 p.m. on the first Tuesday succeeding the state convention. March 18, 2022: DEADLINE TO CHALLENGE NOMINATING PETITIONS FILED ON MARCH 8TH Any voter filing any court action challenging a nominating petition provided for in the Primary Election Law shall do so within ten (10) days after the last day for filing the declaration of candidacy with which the nominating petition was filed. Refer to Section 1-8-35, NMSA 1978. March 24, 2022: FINAL FILING OPPORTUNITY FOR CANDIDATES THAT FAILED TO RECEIVE PARTY DESIGNATION A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent (4%) of the total vote of the candidate’s party in the state or congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten (10) days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due, pursuant to the provisions of the Primary Election Law, whichever is later. Refer to Section 1-8-33 (D), NMSA 1978. April 5, 2022: LAST DAY TO WITHDRAW CANDIDACY AHEAD OF THE PRIMARY ELECTION A candidate shall withdraw no later than the first Tuesday in April before that primary election by filing a signed and notarized statement of withdrawal with the proper filing officer. Refer to Section 1-8-44, NMSA 1978. April 11, 2022: FIRST PRIMARY CAMPAIGN REPORT OR STATEMENT OF NO ACTIVITY DUE In an election year, instead of the biannual reports, all reporting individuals (except for public officials who are not candidates in an election that year), shall file campaign reports containing all expenditures 10 | 2 0 2 2 C A N D I D A T E G U I D E
made and contributions received or, if applicable, statements of no activity. Refer to Section 1-19-29 (B)(1), NMSA 1978. • Any candidate who fails or refuses to file a campaign report or statement of no activity or to pay a penalty imposed by the secretary of state (as required by the Campaign Reporting Act), shall not, in addition to any other penalties provided by law: (1) have the candidate’s name printed upon the ballot if the violation occurs before and through the final date for the withdrawal of candidates; or (2) be issued a certificate of nomination or election, if the violation occurs after the final date for withdrawal of candidates or after the election, until the candidate satisfies all reporting requirements of the Campaign Reporting Act and pays all penalties owed. Refer to Section 1-19-35 (F), NMSA 1978. • Any candidate who loses an election and who failed or refused to file a report of expenditures and contributions, or a statement of no activity, or to pay a penalty imposed by the secretary of state (as required by the Campaign Reporting Act) shall not be, in addition to any other penalties provided by law, permitted to file a declaration of candidacy or nominating petition for any future election until the candidate satisfies all reporting requirements of that act and pays all penalties owed. Refer to Section 1-19-35 (G), NMSA 1978. April 23, 2022: TRANSMISSION OF UNVOTED MILITARY-OVERSEAS BALLOTS TO FEDERAL QUALIFIED ELECTORS Not later than forty-five (45) days before an election, even if the forty-fifth (45) day before an election falls on a weekend or a holiday, the county clerk shall transmit a ballot and balloting materials to all federal qualified electors who by that date submit a valid military-overseas ballot application. Refer to Section 1-6B-7 (A), NMSA 1978. May 9, 2022: SECOND PRIMARY CAMPAIGN REPORT OR STATEMENT OF NO ACTIVITY No later than the second Monday in May, a report is due for all expenditures made, and contributions received on or before the first Monday in May and not previously reported. Refer to Section 1-19-29 (B)(2), NMSA 1978. May 10, 2022: • VOTER REGISTRTAION BY MAIL OR ONLINE CLOSES Refer to Section 1-4-8 (A), NMSA 1978. • EARLY IN-PERSON VOTING BEGINS (OFFICES OF THE COUNTY CLERK) Refer to Section 1-6-5.7 (F), NMSA 1978. • COUNTY CLERKS BEGIN MAILING ABSENTEE BALLOTS Refer to Section 1-6-5 (F), NMSA 19781. May 21, 2022: EXPANDED EARLY VOTING BEGINS (ALTERNATE SITES) Commencing on the third Saturday prior to a statewide election and ending on the Saturday immediately prior to the date of the election, an early voter may vote in person on a voting system at alternate voting locations that may be established by the county clerk. Refer to Section 1-6-5.7 (B), NMSA 1978. 1 Absentee voting is primarily managed by the individual county clerks. Voters who wish to vote absentee must apply for an absentee ballot. Applications are available from the county clerks and from the on-line application on our website at nmvote.org. Voters may apply for an absentee ballot at any time but should note that the county clerks have a strict timeline under which they may issue and accept them. 11 | 2 0 2 2 C A N D I D A T E G U I D E
Information related to early voting sites and sample ballots will be available on the Secretary of State’s website: https://www.sos.state.nm.us/voting-and-elections/voter-information/ June 2, 2022: LAST DAY FOR VOTERS TO SUBMIT A TIMELY ABSENTEE APPLICATION Refer to Section 1-6-5 (F), NMSA 1978. June 2, 2022: THIRD PRIMARY CAMPAIGN REPORT OR STATEMENT OF NO ACTIVITY No later than the Thursday before a primary, general or statewide special election, a report of all expenditures made and contributions received by 5:00 p.m. on the Tuesday before the election and not previously reported. Refer to Section 1-19-29 (B)(5), NMSA 1978. SUPPLEMENTAL REPORTS Any contribution or pledge to contribute that is received after 5:00 p.m. on the Tuesday before the election and that is for more than one thousand dollars ($1,000) in a non-statewide election, or more than three thousand dollars ($3,000) in a statewide election, shall be reported to the secretary of state either in a supplemental report on a prescribed form within twenty-four hours of receipt or in the report to be filed no later than the Thursday before a primary, general or statewide special election, except that any such contribution or pledge to contribute that is received after 5:00 p.m. on the Friday before the election may be reported by 12:00 noon on the Monday before the election. Refer to Section 1-19-29 (B)(5), NMSA 1978. June 3, 2022: LAST DAY COUNTY CLERKS MAY MAIL AN ABSENTEE BALLOT Refer to Section 1-6-5 (F), NMSA 1978. June 4, 2022: EARLY VOTING ENDS Refer to Section 1-6-5.7 (B), NMSA 1978. June 7, 2022: Primary Election Day • POLLS OPEN FROM 7:00 A.M. TO 7:00 P.M. Refer to Section 1-12-1, NMSA 1978. • ABSENTEE BALLOTS DUE BY 7:00 P.M. IN THE OFFICE OF THE COUNTY CLERK A voter who requested and received an absentee ballot shall be allowed to deliver the official mailing envelope containing the voter's absentee ballot on Election Day to any polling location in the county in which the voter is registered if the voter presents the official mailing envelope to the presiding judge before the polls close on Election Day. Refer to Sections 1-6-10 (C), and 1-12-8.2 (A), NMSA 1978. July 8, 2022: CERTIFICATE OF NOMINATION Upon approval of the report of the state canvass, but not sooner than the thirty-first (31) day after any primary or general election, the secretary of state shall issue to those candidates entitled by law the appropriate certificate of election or, in the case of a primary election, a certificate of nomination. Refer to Section 1-13-16, NMSA 1978. 12 | 2 0 2 2 C A N D I D A T E G U I D E
GENERAL ELECTION – IMPORTANT DATES March 1, 2022: INDEPENDENT & MINOR PARTY CANDIDATE NOMINATING PETITIONS AVAILABLE Secretary of State publishes petition forms and the required number of signatures for independent and minor party candidates, who may then begin circulating petitions. Refer to Section 1-8-50 (E), NMSA 1978. June 30, 2022: INDEPENDENT CANDIDATE, MINOR PARTY CANDIDATE, JUDICIAL RETENTION CANDIDATE AND GENERAL ELECTION WRITE-IN CANDIDATE • Independent candidates shall file declarations of candidacy and nominating petitions, if required, with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third (23) day following the primary election of each even-numbered year. Refer to Section 1-8-52 (A), NMSA 1978. • Minor Party candidates shall file declarations of candidacy and nominating petitions, if required, with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the twenty-third (23) day following the primary election. Refer to Sections 1-8-2 and 1-8-3, NMSA 1978. • Write-in candidates shall file declarations of intent to be a write-in candidate between 9:00 a.m. and 5:00 p.m. on the twenty-third (23) day following the primary election. Refer to Section 1-8-66 (A), NMSA 1978. No person shall be a write-in candidate in the general election who was a candidate or who filed a declaration of candidacy in the primary election immediately prior to the general election. Refer to Section 1-8-66 (E), NMSA 1978. • Declarations of candidacy for nonpartisan judicial retention for the Supreme Court, Court of Appeals, District Court or Metropolitan Court shall be filed with the proper filing officer between 9:00 a.m. and 5:00 p.m. Refer to Section 1-26-2 (C), NMSA 1978. • Candidates for legislative or statewide office who have not already filed a financial disclosure statement with the secretary of state in the same calendar year shall file a financial disclosure statement at the time of filing a declaration of candidacy. Financial disclosure statements must be filed online, using the Campaign Finance Information System: https://login.cfis.sos.state.nm.us/#/index. Pursuant to Section 10-16A-2(H) NMSA 1978, a candidate for legislative or statewide offices who does not file a FDS before the date for qualification of the person as a candidate shall be disqualified by the proper filing officer as a candidate. NEW MEXICIO MINOR PARTY INFORMATION • New Mexico Working Families Party: https://workingfamilies.org/state/new-mexico/ June 30, 2022: VACANCY ON GENERAL ELECTION BALLOT; DEATH OF CANDIDATE OR RESIGNATION OR DEATH OF OFFICE HOLDER BEFORE PRIMARY Vacancies on the general election ballot may be filled as provided in Subsection B of 1-8-7, NMSA 1978, if: • After a primary election, there is no nominee of a major political party for a public office to be filled in the general election and if the vacancy was caused by: (1) the death of a candidate after filing of the declaration of candidacy or after certification as a convention-designated nominee and before the primary election; (2) the failure of a major political party to nominate a candidate for lieutenant governor; provided that the major political party nominated a candidate for governor; or (3) the resignation or death of a person holding a public office after 13 | 2 0 2 2 C A N D I D A T E G U I D E
the last Friday before the first Tuesday in March, when such office was not included in the general election proclamation and is required by law to be filled at the next succeeding general election after the vacancy is created. The vacancy may be filled subsequent to the primary election by the central committee of the state or county political party, as the case may be, as provided by Subsection A of 1-8-8, NMSA 1978. o If after a primary election, but seventy or more days before the general election, a vacancy occurs, for any cause, in the list of the nominees of a qualified political party for any public office to be filled in the general election, or a vacancy occurs because of the resignation or death of a person holding a public office not included in the secretary of state’s general election proclamation and which office is required by law to be filled at the next succeeding general election, or a vacancy occurs because a new public office is created and was not included in the secretary of state’s general election proclamation but is capable by law of being filled at the next succeeding general election, the vacancy on the general election ballot may be filled by: ▪ The central committee of the state political party filing the name of its nominee for the office with the proper filing officer when the office is a federal, state, district office, or a multicounty legislative office; and ▪ The central committee of the county political party filing the name of its nominee for the office with the proper filing officer when the office is a magistrate office, county office or legislative district office where the district is entirely within the boundaries of a single county. • The name of the person to fill the vacancy on the general election ballot shall be filed with the proper filing officer on a form approved by the secretary of state on the twenty-third (23) day after the primary election, along with a declaration of candidacy subscribed and sworn by the selected nominee. The nominee shall also register and begin filing reports pursuant to the Campaign Reporting Act. Upon being nominated, the candidate shall fill out the online registration form located at https://login.cfis.sos.state.nm.us/. Upon approval of the registration by the SOS, the candidate will receive an email with instructions to complete the setup of the CFIS account. Refer to Sections 1-19-25 through 1-19-36, NMSA 1978. • The subscribed Declaration of Candidacy to fill a vacancy on the general election ballot will be available AFTER the primary election. June 30, 2022: LAST DAY TO FILE AS A NEW POLITICAL PARTY TO PARTICIPATE IN THE PRIMARY OR GENERAL ELECTION To qualify as a political party in New Mexico: • Each political party through its governing body shall adopt rules providing for the organization and government of that party and shall file the rules with the secretary of state. Uniform rules shall be adopted throughout the state by the county organizations of that party, where a county organization exists, and shall be filed with the county clerks. At the same time the rules are filed with the secretary of state, the governing body of the political party shall also file with the secretary of state a petition containing the hand-printed names, signatures, addresses of registration and counties of residence of at least one-half (1/2) of one percent (1%) of the total votes cast for the office of governor at the preceding general election, who declare by their signatures on the petition that they are voters of New Mexico and that they desire the party to be a qualified political party in New Mexico. Blank petition forms shall be available at any time from the secretary of state. Refer to Sections 1-7-2 and 1-7-3, NMSA 1978. 14 | 2 0 2 2 C A N D I D A T E G U I D E
• Organized state and county committees are required to register as a political action committee under the Campaign Reporting Act (CRA) and file campaign reports. Refer to Article 19, NMSA 1978. • Except in the case of a political party certified in the year of the election, persons certified as candidates shall be members of that party on the day the secretary of state issues the general election proclamation. When a political party is certified in the year of the general election, and after the day the secretary of state issues the general election proclamation, a person certified as a candidate shall be: o A member of that party not later than the date the political party filed its rules and qualifying petitions (pursuant to Sections 1-7-2 and 1-7-4, NMSA 1978); and o A resident in the district of the office for which the person is a candidate on the date of the secretary of state’s proclamation for the general election or in the case of a person seeking the office of United States representative, a resident within New Mexico on the date of the secretary of state’s proclamation for the general election. No person who is a candidate for a party in a primary election may be certified as a candidate for a different party in the general election in the same election cycle. Refer to Section 1-8-2 (D)(E), NMSA 1978. July 5, 2022: CERTIFICATION OF NOMINEES; MINOR PARTY & INDEPENDENT CANDIDATES • Upon receipt of certificates of nomination of any minor political party and nominating petitions, and no later than 5:00 p.m. on the first Tuesday following the filing date, the proper filing officer shall: (1) determine whether the method of nomination used by the certifying political party complies with the current rules of that party on file in the secretary of state's office; (2) determine whether the number of signatures required have been submitted and all the requirements of Sections 1-8-1 through 1-8-3 NMSA 1978 have been complied with; and (3) if such determinations are answered in the affirmative, mail notice to the certifying party and the candidate no later than 5:00 p.m. on the Tuesday following the filing date that the certificates of nomination and nominating petitions are in proper order and that the candidate, based on those documents, is qualified to have the candidate's name placed on the ballot. Refer to Section 1-8-4 (A), NMSA 1978. • No name shall be placed on the ballot until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date. Refer to Section 1-8-26 (D), NMSA 1978. July 7, 2022: FOURTH PRIMARY CAMPAIGN REPORT OR STATEMENT OF NO ACTIVITY (primary candidates) No later than the thirtieth (30) day after a primary election, a report by all reporting individuals, except those individuals that become candidates after the primary election, of all expenditures made and contributions received on or before the twenty-fifth (25) day after the primary election and not previously reported. Refer to Section 1-19-29 (B)(6), NMSA 1978. 15 | 2 0 2 2 C A N D I D A T E G U I D E
September 6, 2022: LAST DAY TO NOMINATE A CANDIDATE TO FILL A VACANCY ON GENERAL BALLOT (OCCURRING AFTER PRIMARY) Appointments to fill vacancies in the list of a party’s nominees shall be made and filed with the proper filing officer using a form approved by the secretary of state at least sixty-three (63) days prior to the general election, along with a declaration of candidacy subscribed and sworn by the selected nominee. The nominee shall also register and begin filing reports pursuant to the Campaign Reporting Act. Upon being nominated, the candidate shall fill out the online registration form located at https://login.cfis.sos.state.nm.us/. Upon approval of the registration by the SOS, the candidate will receive an email with instructions to complete the setup of the CFIS account [1-19-25 through 1-19-36 NMSA 1978]. September 24, 2022: TRANSMISSION OF UNVOTED MILITARY-OVERSEAS BALLOTS TO FEDERAL QUALIFIED ELECTORS Not later than forty-five (45) days before an election, even if the forty-fifth (45) day before an election falls on a weekend or a holiday, the county clerk shall transmit a ballot and balloting materials to all federal qualified electors who by that date submit a valid military-overseas ballot application. Refer to Section 1-6B-7 (A), NMSA 1978. October 11, 2022: • VOTER REGISTRTAION BY MAIL OR ONLINE CLOSES Refer to Section 1-4-8 (A), NMSA 1978. • EARLY IN-PERSON VOTING BEGINS (OFFICES OF THE CLERKS) Refer to Section 1-6-5.7 (F), NMSA 1978. • COUNTY CLERKS BEGIN MAILING ABSENTEE BALLOTS Refer to Section 1-6-5 (F), NMSA 19782. October 15, 2022: EXPANDED EARLY VOTING BEGINS (ALTERNATE SITES) Commencing on the third Saturday prior to a statewide election and ending on the Saturday immediately prior to the date of the election, an early voter may vote in person on a voting system at alternate voting locations that may be established by the county clerk. Refer to Section 1-6-5.7 (B), NMSA 1978. • Information related to early voting sites and sample ballots will be available on the Secretary of State’s website: https://www.sos.state.nm.us/voting-and-elections/voter-information/ November 3, 2022: LAST DAY FOR VOTERS TO SUBMIT A TIMELY ABSENTEE APPLICATION Refer to Section 1-6-5 (F), NMSA 1978. November 4, 2022: LAST DAY COUNTY CLERKS MAY MAIL AN ABSENTEE BALLOT Refer to Section 1-6-5 (F), NMSA 1978. November 5, 2022: EARLY VOTING ENDS Refer to Section 1-6-5.7 (B), NMSA 1978. 2 Absentee voting is primarily managed by the individual county clerks. Voters who wish to vote absentee must apply for an absentee ballot. Applications are available from the county clerks and from the on-line application on our website at nmvote.org. Voters may apply for an absentee ballot at any time but should note that the county clerks have a strict timeline under which they may issue and accept them. 16 | 2 0 2 2 C A N D I D A T E G U I D E
November 8, 2022: General Election Day • POLLS OPEN FROM 7:00 A.M. TO 7:00 P.M. Refer to Section 1-12-1, NMSA 1978. • ABSENTEE BALLOTS DUE BY 7:00 P.M. IN THE OFFICE OF THE COUNTY CLERK A voter who requested and received an absentee ballot shall be allowed to deliver the official mailing envelope containing the voter's absentee ballot on Election Day to any polling location in the county in which the voter is registered if the voter presents the official mailing envelope to the presiding judge before the polls close on Election Day. Refer to Sections 1-6-10 (C), and 1-12- 8.2 (A), NMSA 1978. November 29, 2022: CERTIFICATION OF ELECTION RESULTS The individual county canvassing boards must meet within three days of the election to canvass the election results and no later than ten days from the date of the election. A county canvassing board in a county with more than one hundred fifty thousand voters (150,000) shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than thirteen days from the date of the election. The state canvassing board shall also meet in the state capitol on the third Tuesday after each statewide election or special state election to approve the report of the canvass and declare the result of the vote on any constitutional amendment or any ballot question voted upon by the voters of more than one county. Refer to Section 1-13-15, NMSA 1978. December 9, 2022: CERTIFICATES OF ELECTION TO WINNING CANDIDATES On the thirty-first (31) day after any primary or general election, the secretary of state shall issue to those candidates entitled by law election certificates, or certificate of nomination in the case of the primary election, to all county officers, magistrates and to members of the legislature elected from districts wholly within the county. In addition, the county canvassing board, immediately after completion of the canvass, shall declare the results of the election and of all ballot questions affecting only precincts within the county. Refer to Section 1-13-13 (C), NMSA 1978. 17 | 2 0 2 2 C A N D I D A T E G U I D E
OFFICES APPEARING ON THE 2022 PRIMARY ELECTION BALLOT OFFICE DISTRICT TERM (If Applicable) United States Representative District 1 2 years United States Representative District 2 2 years United States Representative District 3 2 years Governor Statewide Office 4 years Lieutenant Governor Statewide Office 4 years Secretary of State Statewide Office 4 years Attorney General Statewide Office 4 years State Auditor Statewide Office 4 years State Treasurer Statewide Office 4 years Commissioner of Public Lands Statewide Office 4 years State Senator District 28 & 35 To Fill Unexpired Term Original Term Expires 2024 State Representative All 70 Districts 2 years Supreme Court Statewide Office Filling Unexpired Term Position 1 Original Term Expires 2024 Supreme Court Statewide Office Filling Unexpired Term Position 2 Original Term Expires 2024 Court of Appeals Statewide Office Filling Unexpired Term Position 1 Original Term Expires 2026 Court of Appeals Statewide Office 8 years Position 2 Court of Appeals Statewide Office 8 years Position 3 Public Education Commissioners District 2 4 years Public Education Commissioners District 3 4 years Public Education Commissioners District 5 4 years Public Education Commissioners District 6 4 years Public Education Commissioners District 7 4 years PARTISAN ELECTION FOR JUDICIAL OFFICES 2nd Judicial District Division 7, 8, 10, 12, 16, 20 & 26 Filling Unexpired Term. Retention Election in 2026 3rd Judicial District Division 5 Filling Unexpired Term. Retention Election in 2026 4th Judicial District Division 1 & 3 Filling Unexpired Term. Retention Election in 2026 5th Judicial District Division 1 Filling Unexpired Term. Retention Election in 2026 7th Judicial District Division 2 Filling Unexpired Term. Retention Election in 2026 9th Judicial District Division 1 Filling Unexpired Term. Retention Election in 2026 12th Judicial District Division 2 Filling Unexpired Term. Retention Election in 2026. Appointed judges must run in a contested, partisan election in the first general election following their appointment. Thereafter, the judge runs in nonpartisan retention elections After running in a partisan election in the first general election following appointment, judges run in nonpartisan retention elections 18 | 2 0 2 2 C A N D I D A T E G U I D E
DISTRICT ATTORNEYS 12th Judicial District 12th Judicial District Attorney To Fill Unexpired Term. Original Term Expires 2024 VACANCIES IN OFFICE Any office that becomes vacant because of resignation or death after the publication of this guide may also appear on the ballot. NMSA 1978, § 1-8-7 COUNTY OFFICES APPEARING ON THE BALLOT BERNALILLO COUNTY GUADALUPE COUNTY County Commissioner (Districts 1 & 5) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Metropolitan Court Judge (Division 4) Magistrate Judge Metropolitan Court Judge (Divisions 1 through 3 and 5 through 19, retention election) CATRON COUNTY HARDING COUNTY County Commissioner (Districts 1 & 2) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff Magistrate Judge County Probate Magistrate Judge CHAVES COUNTY HIDALGO COUNTY County Commissioner (Districts 1 & 5) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Division 1 & 2) Magistrate Judge CIBOLA COUNTY LEA COUNTY County Commissioner (Districts 1 & 3) County Commissioner (Districts 2 & 3) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Division 1 & 2) Magistrate Judge (Divisions 1, 2, 3 & 4) COLFAX COUNTY LINCOLN COUNTY County Commissioner (Districts 1 & 2) County Commissioner (Districts 2, 4 & 5) County Assessor County Clerk County Sheriff County Treasurer County Probate Magistrate Judge (Divisions 1 & 2) Magistrate Judge (Divisions 1 & 2) CURRY COUNTY LOS ALAMOS COUNTY County Commissioner (Districts 1 & 3) County Council (Los Alamos County is composed of a County Assessor County Council with 7 seats. Council 1, 2, 3 & 6 will run in County Sheriff the 2022 election. Los Alamos has positions which run at County Probate large instead of by commission districts.) Magistrate Judge (Divisions 1 & 2) County Assessor County Sheriff County Probate Magistrate Judge Municipal Judge 19 | 2 0 2 2 C A N D I D A T E G U I D E
DE BACA COUNTY LUNA COUNTY County Commissioner (Districts 1 & 2) County Commissioner (District 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge Magistrate Judge DONA ANA COUNTY MCKINLEY COUNTY County Commissioner (Districts 1 & 3) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Divisions 1, 2, 3, 4, 5, 6 & 7) Magistrate Judge (Divisions 1, 2 & 3) EDDY COUNTY MORA COUNTY County Commissioner (Districts 1 & 4) County Commissioner (Districts 1 & 2) County Clerk County Assessor County Assessor County Sheriff County Probate County Probate Magistrate Judge (Divisions 1, 2 & 3) GRANT COUNTY OTERO COUNTY County Commissioner (Districts 1 & 2) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Divisions 1 & 2) Magistrate Judge (Divisions 1 & 2) QUAY COUNTY SIERRA COUNTY County Commissioner (District 3) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge Magistrate Judge RIO ARRIBA COUNTY SOCORRO COUNTY County Commissioner (Districts 1 & 2) County Commissioner (Districts 1 & 3) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Divisions 1 & 2) Magistrate Judge ROOSEVELT COUNTY TAOS COUNTY County Commissioner (Districts 3 & 5) County Commissioner (Districts 1, 2 & 5) County Assessor County Assessor County Sheriff County Sheriff Magistrate Judge County Probate Magistrate Judge (Division 1) SAN JUAN COUNTY TORRANCE COUNTY County Commissioner (Districts 1 & 2) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Division 1, 2, 3, 4, 5 & 6) Magistrate Judge 20 | 2 0 2 2 C A N D I D A T E G U I D E
SAN MIGUEL COUNTY UNION COUNTY County Commissioner (Districts 1 & 3) County Commissioner (Districts 1 & 2) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Divisions 1 & 2) Magistrate Judge SANDOVAL COUNTY VALENCIA COUNTY County Commissioner (Districts 1 & 3) County Commissioner (Districts 1 & 3) County Assessor County Assessor County Sheriff County Sheriff County Probate County Probate Magistrate Judge (Divisions 1, 2 & 3) Magistrate Judge (Divisions 1, 2 & 3) SANTA FE COUNTY County Commissioner (Districts 1 & 3) VACANCIES IN OFFICE County Assessor Any office that becomes vacant because of resignation or County Sheriff death after the publication of this guide may also appear County Probate on the ballot. Refer to Sections 1-8-7 & 1-8-8, NMSA 1978 Magistrate Judge (Divisions 1, 2, 3 & 4) 21 | 2 0 2 2 C A N D I D A T E G U I D E
GENERAL ELIGIBILITY REQUIREMENTS FOR ALL OFFICES Party Affiliation: In New Mexico, only major political party candidates will appear on the Primary Election ballot. The three major political parties are the New Mexico Democratic Party, the New Mexico Republican Party, and the Libertarian Party of New Mexico. The only minor political party in New Mexico is the New Mexico Working Families Party. Minor party candidates are nominated for office according to the party rules on file with the Secretary of State and pursuant to Sections 1-8-2 and 1-8-3, NMSA 1978. Information and deadlines for qualifying as a new minor party in New Mexico can be found beginning on page 14 of this guide, on the Secretary of State’s website at https://www.sos.state.nm.us/voting-and-elections/voter-information-portal/nm-political-party- information/ and in Sections 1-7-2 & 1-7-4, NMSA 1978. Independent candidates are candidates whose certificate of voter registration shows affiliation with no qualified political party on the date of the secretary of state’s general election proclamation and, if applicable, shows residence on the date of the secretary of state’s proclamation in the district or county of the office for which the person is a candidate. Please see 1-8-45, NMSA 1978 for specific qualifications for independent candidates. U.S. Citizenship: U.S. Citizenship is a prerequisite to register to vote as well as a requirement in holding elective public office in New Mexico. N.M. Const. Art. VII, Sec. 2 (a). Minimum Age: The Twenty-Sixth Amendment of the United States Constitution grants the elective franchise to persons eighteen years old or older and supersedes the minimum age requirements for voter registration in the New Mexico Constitution. Please note that some elected offices have specific age eligibility requirements beyond the minimum age requirements established by the Constitution. For that information, please see the Specific Eligibility Requirements section below. New Mexico Requirements: New Mexico law outlines certain requirements for candidates to have their name printed on a ballot based upon the candidate’s voter registration information. Specifically, the candidate’s voter registration must show: • Affiliation with the political party as of the date of the Secretary of State’s general election proclamation on January 31, 2022. Refer to Section 1-8-12, NMSA 1978. o Independent Candidates: Voter registration must show no affiliation with any qualified political party on the date of the Election Proclamation. Refer to Section 1-8-45 (A)(1)(a), NMSA 1978. o Minor Party Candidates: Voter registration must show the candidate was registered as a member of their minor party before the day the secretary of state issues the general election proclamation. Refer to Section 1-8-2 (D), NMSA 1978. 22 | 2 0 2 2 C A N D I D A T E G U I D E
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